Becker et al v. Wells Fargo Bank, NA, Inc. et al

Filing 282

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 2/10/2017 ORDERING the plaintiff to deliver a cashier's check in the amount of $182,000.00 to Wells Fargo's counsel, payable to "AFRCT Client Trust Account", w ithin three days in lieu of depositing a cashier's check in the amount of $186,706.43 with the Clerk of Court as required by the 280 Order; ORDERING Wells Fargo to provide the plaintiff with an executed Notice of Satisfaction of Judgment covering the award of attorney's fees upon receipt of the $182,000.00 cashier's check. (Michel, G.)

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A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP 1 Robert A. Bailey (#214688) rbailey@afrct.com 2 ANGLIN FLEWELLING RASMUSSEN CAMPBELL & TRYTTEN LLP 3 301 N. Lake Ave., Ste. 1100 Pasadena, California 91101-4158 4 Telephone: (626) 535-1900 Facsimile: (626) 577-7764 5 Attorneys for Defendant 6 WELLS FARGO BANK, N.A., successor by merger with Wells Fargo Bank 7 Southwest, N.A., f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB 8 (“Wells Fargo”), sued as “Wells Fargo Bank NA, Inc.; Wachovia Mortgage Corporation” 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION 12 13 DENNLY R. BECKER; THE BECKER TRUST DATED MARCH 25, 1991, 14 Plaintiffs, 15 v. 16 WELLS FARGO BANK, NA, INC.; 17 WACHOVIA MORTGAGE CORPORATION; DOES 1-20, 18 Defendants. 19 CASE NO.: 2:10-CV-02799-TLN-KJN STIPULATION AND ORDER RE: SUPERCEDEAS BOND FUNDS Judgment: September 9, 2014 20 21 WHEREAS, the Court entered judgment against Plaintiffs and in favor of Defendant, 22 Wells Fargo Bank, N.A. (“Wells Fargo”). 23 WHEREAS, following entry of judgment, the Court granted Wells Fargo’s motion for 24 attorney’s fees in the amount of $146,493.50 (ECF No. 227). 25 WHEREAS, Plaintiff separately appealed the judgment and the award of attorney’s fees. 26 WHEREAS, in order to stay enforcement of the attorney’s fee award, Plaintiff posted a 27 supersedeas bond with the court in the amount of $188,706.43. (ECF No. 248) 28 WHEREAS, Plaintiff’s appeals of the underlying judgment and attorney’s fee award have 1 CASE NO.: 2:10-CV-02799-TLN-KJN STIPULATION RE: SUPERSEAS BOND 1 been concluded and this Court’s orders in both respects were affirmed. The 9th Circuit has issued 2 its mandate and the fee award and judgment are no long subject to appellate review. 3 WHEREAS, in January 2017, the Court’s clerk erroneously returned the supersedeas 4 bond funds to Plaintiff. 5 WHEREAS, the Court discovered the error and issued an order on February 2, 2017 6 requiring Plaintiff to submit a cashier’s check to the clerk in the amount of $188,706.42. (ECF A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP 7 No. 280). 8 WHEREAS, Plaintiff agrees that Wells Fargo is entitled to recover most of the 9 supersedeas bond funds as satisfaction for the attorney’s fee award affirmed on appeal. 10 WHEREAS, in order to avoid further motion practice and to eliminate a step in the 11 process for the release of the bond funds, the Parties hereby stipulate as follows: 12 1. Within three days of the Court’s order approving this stipulation, Plaintiff will 13 remit a cashier’s check in the amount of $182,000 (made payable to “AFRCT Client Trust 14 Account”) directly to Wells Fargo’s counsel, rather than to the Court. This will save the parties 15 and Court time and resources by eliminating the need for the Court to hold and track the bond 16 funds or to resolve a motion or issue an order releasing the funds to Wells Fargo. 17 2. Upon receipt of the $182,000 payment described above, Wells Fargo’s counsel 18 will provide Plaintiff with a Notice of Satisfaction of Judgment with respect to the attorney’s fee 19 award. Plaintiff further agrees not to pursue any further appellate, certiorari or other review of 20 the judgment and attorney’s fee award. 21 IT IS SO STIPULATED. 22 Dated: February 8, 2017 23 ANGLIN FLEWELLING RASMUSSEN CAMPBELL & TRYTTEN LLP By: /s/ Robert A. Bailey Robert A. Bailey Attorneys for WELLS FARGO BANK, N.A. 24 25 26 Dated: February 8, 2017 27 28 Denely Becker Plaintiff, Individually and as Trustee of the Becker Trust 2 CASE NO.: 2:10-CV-02799-TLN-KJN STIPULATION RE: SUPERSEAS BOND 1 2 ORDER Based on the stipulation of the parties and good cause appearing therefore, it is hereby 3 ordered that: 4 1. In lieu of depositing a cashier’s check in the amount of $186,706.43 with the 5 Clerk of the Court as required by the Court’s February 2, 2017 Order (ECF No. 280), Plaintiff 6 shall deliver a cashier’s check in the amount of $182,000 to Wells Fargo’s counsel, payable to A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP 7 “AFRCT Client Trust Account”, within three days of the date of this order. 8 2. Upon receipt of the $182,000 cashier’s check, Wells Fargo will provide Plaintiff 9 with an executed Notice of Satisfaction of Judgment covering the attorney’s fee award (ECF No. 10 227). 11 IT IS SO ORDERED. 12 13 Dated: February 10, 2017 14 15 Troy L. Nunley United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 3 CASE NO.: 2:10-CV-02799-TLN-KJN STIPULATION RE: SUPERSEAS BOND

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